HomeMy WebLinkAboutORD 1998-093 1996-1998 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 271
ORDINANCE NO. 98 93
AN ORDINANCE AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY
RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU, NORTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-4-7:PORTION OF 2.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-9, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter
as follows:
The district classification of the following area situated at Puepuehu, North
Kohala, Hawaii, shall be Village Commercial (CV-10):
Beginning at the Northwest corner of this parcel of land, at the Northwest
corner of Road Parcel 91 on the Southerly side of Hawi-Niulii Road, the coordinates of
said point of beginning referred to Government Triangulation Station "PUU-O-NALE"
being 12,375.55 feet North and 10,298.08 feet East and running by azimuths measured
clockwise from true South:
1. 295° 24' 30" 140.04 feet along the Northeast side of Road
Parcel 91 and the Southwest side of
Hawi-Niulii Road to the land of Alfred
Yuen being designated as TMK: (3rd Div)
5-4-7:1;
2. 13° 54' 126.00 feet along said land;
3. 277° 24' 61.00 feet along said land to west side of
Kynnersley Road;
4. 15° 39' 85.43 feet along the West side of Kynnersley
Road;
5. 114° 12' 203.59 feet along the remainder of R.P. Grant
No. 1544 to 30 foot wide roadway;
6. 195° 23' 47" 194.71 feet along 30 foot wide roadway to the
point of beginning and containing an area
of 31,591 square feet, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part
hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Construction of the proposed development shall be completed within five (5)
years from the effective date of this change of zone ordinance. This time period
shall include the securance of Final Plan Approval from the Planning Director
in accordance with the Zoning Code, Section 25-2-72. Plans shall identify
existing structures, landscaping, fire protection measures, driveway and parking
areas associated with the improvements required by the Department of Public
Works. Landscaping improvements as required by Section 25-5-127 shall be
required for the entire frontage of Akoni Pule Highway with the exception of
driveway and walkways. Final Plan Approval must be secured for all new
additions and/or buildings and must comply with the applicable requirements of
the Zoning Code.
C. Access to the subject property from Akoni Pule Highway shall meet with the
requirements of the Department of Transportation.
D. Access to the subject property from Kynnersley Road shall meet with the
requirements of the Department of Public Works.
-2-
E. Drainage improvements, if required, shall be constructed meeting with the
approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval.
F. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-HPD when it finds that sufficient mitigative measures have been
taken.
G. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
H. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
-3-
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
J. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
, / ,/1 ""
`•I4,6, /Ai-- iL / 612
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 19, 1998
Date of 1st Reading: August 19, 1998
Date of 2nd Reading: September 2, 1998
Effective Date: September 16, 1998
REFERENCE: Comm. __,...21.1.
.._.. 91� _
APPROVED O,?OR VI AND LEGALITY
CO ORATIO C,9 S L
DATED: 7/ '/ '
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU,
NORTH KOHALA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 5-4-07: PORTION OF 2 JUNE 9, 1998
EXHIBIT t1A" (JONI J. METZLER) [0
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12,375.55 N J w
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SINGLE FAMILY o Rs - 10
RESIDENTIAL (RS- 1 5) R5 - 15
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COMMERCIAL (CV-1 0) A - 20a
AREA: 31,591 SQ. FT.
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU,
NORTH KOHALA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 5-4-07: PORTION OF 2 JUNE 9, 1998
EXHIBIT "A" (JONI J. oMETZLER)
i I
A - 20a E5 _ 15 A - 20a
A - 20a
0
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- 2
A - 20a J
12,375.55 N J
10,298.08 E y
"PUU—O—NALE" z
Z
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R5 - 15 Z A - 20a
R5 - 15 85 - 15
GV -
�rO Hawi
HAW/ 10
CN - 10 A-20.
NIVLII Rs 15
. CV ROAD
lir J
To Niulii
A - 20a
IIIIIt O
111 11111 _
R5 15
R5 - 10
I R5 - 15
SINGLE FAMILY o R5 - 10
RESIDENTIAL (RS-1 5) _eL R5 - 15
TO VILLAGE R5 - 10
COMMERCIAL (CV- 1 0) A - 20.
AREA: 31,591 SQ. FT.
A - 20a
} A - 2oa
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Z
Y
A - 20a
R5 - 15
A - 20• R5 - 15
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-9 (HAWI-KAPAAU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL (RS-15) TO VILLAGE COMMERCIAL (CV-10) AT PUEPUEHU,
NORTH KOHALA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 5-4-07: PORTION OF 2 JUNE 9, 1998
EXHIBIT "A" (JONI J. METZLER), ,(!9
'l�.I
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
ROLL CALL VOICE
Introduced By: Bobby Jean Leithead-Todd _ AYES NOES ABS EX
Date Introduced: August 19, 1998 Arakaki
First Reading: August 19, 1998 Chung X
Published: N/A Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
7 0 2 0
Second Reading: September 2, 1998 ROLL CALL VOTE
To Mayor: September 3. 1998 AYES NOES ABS EX
Returned: September 16, 1998 Arakaki X
Effective: September 16, 1998 Chung X
Published: September 25, 1998 Leithead-Todd X
Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. A--7 ,",,_; ;+
AD L..,3. . a a
CE .�iY co ':= o Did s;OUN:LEe.
COUCviY OF kit�r"1;�ii 11L 40 /
Cate
l'Approved/Li raed this day CHAIRMAN
of 4�p'�" , 19r
COUNTY CLERK
M OR, COUNTY Q HAWAII Bill No.: 271
Reference: C-911/PC-137
Ord.No.: 98 93
Ordinances 98-93 through 98-96
I hereby certify that the following Ordinances passed second and final reading at
the meeting of the County Council on September 2, 1998,by vote as listed below:
ORDINANCE 98-93 (Bill 271): An Ordinance amending Section 25-8-9 (Hawi-Kapaau
Zone Map) Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code,by changing
the district classification from Single Family Residential (RS-15) to Village Commercial
(CV-10) at Puepuehu,North Kohala, Hawaii, covered by TMK: 5-4-7:Portion of 2.
AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo, Smith, Tyler,
Yagong and Chairman Arakaki - 8. NOES: None.
ABSENT & EXCUSED: Councilmember Ray - 1.
ORDINANCE 98-94 (Bill 273): An Ordinance to amend Ordinance No. 98-49, as
amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending
June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo,
Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None.
ABSENT & EXCUSED: Councilmember Ray - 1.
ORDINANCE 98-95 (Bill 274, Draft 2): An Ordinance amending Ordinance No. 98-50,
relating to Public Improvements and Financing Thereof for the Fiscal year June 1, 1998,
to June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds,
Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None.
ABSENT & EXCUSED: Councilmember Ray - 1.
ORDINANCE 98-96 (Bill 275): An Ordinance to amend Ordinance No. 98-49, as
amended, the operating Budget for the County of Hawaii for the Fiscal Year ending
June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Reynolds, Santangelo,
Smith, Tyler, Yagong and Chairman Arakaki - 7. NOES: Councilmember Tyler - 1.
ABSENT & EXCUSED: Councilmember Ray- 1.
Copies of these Ordinances are available in the Office of the County Clerk for use
and examination by the public.
Donald Ikeda
COUNTY CLERK
(Hawaii Tribune Herald— September 25, 1998)
(West Hawaii Today— September 25, 1998)
AFFIDAVIT OF PUBLICATION
State of Hawaii ►
► SS:
County of Hawaii ►
LEILANI K. R. HIGAKI , being first
duly sworn, deposes and says:
1. That she is the BUSINESS MANAGER of
HAWAII TRIBUNE-HERALD, LTD. a
newspaper published in the City of HILO
State of Hawaii.
2. That the " Ordinances 96-93 through 98-96, etc. ,
of which a clipping from the newspaper
as.published is attached hereto, was published in said newspaper on the following
date(s) September 25 , 19 98 (etc.).
#108006 /,
Subscribed and sworn to before me
this 1st day of October , 19 98
C21—;46s
SHARON H. P. OGATA
Notary Public, Third Circuit,
State of Hawaii (� /� h
\duA l :'r % 2C'30
My commission expires '� °
IPH
1 y�
immipalizicitiwiransne.s
mtrthe Monty Co. en 2,
1998,by vote as listed below:
ORDINANCE 9843(Bill 271)An Ordinance
amending Section 25-8-9(Haws-Kapaau Zone
Map) Article 8,Chapter 25(Zoning Code)of
the Hawaii County Code,by changing the dis-
trict classification from Single Family
Residential (RS-15) to Village Commercial
(CV-10)at Puepuehu, North Kohala, Hawaii,
covered by TMK: 5-4-7:Portion of 2. AYES:
Councilmembers •Chung, Leithead-Todd,
Reynolds, Santangelo, Smith, Tyler, Yagong
and Chairman Arakaki-8. NOES: None.
ABSENT&EXCUSED:Councilmember Ray-1.
ORDINANCE 9 -94(BILL 273):An Ordinance
to amend Ordinance No.98-49,as amended,
the Operating Budget for the County of Hawaii
for the Fiscal Year ending June 30, 1999.
AYES: Councilmembers Chung, Leithead-
Tbdd, Reynolds, Santangelo, Smith, Tyler,
Yagong and Chairman Arakaki-8. NOES:
None.ABSENT& EXCUSED:Councilmember
Ray-1.
ORDINANCE 99-95 (BIII 274, Draft 2): An
Ordinance amending Ordinance No. 98-50,
relating to Public Improvements and Financing
Thereof for the Fiscal year June 1, 1998,to
June 30,1999.YES:Councilmembers Chung,
Leithead-Todd, Reynolds,Santangelo,Smith,
After, Yagong and Chairman Arakek4-8.
NOES: None. ABSENT & EXCUSED:
Councilmember Ray-1.
ORDINANCE 9698(BM 275):An Ordinance
to amend Ordinance No.98-49,as amended,
the Operating Budget for the County of Hawaii
for the Fiscal Year ending June 30, 1999.
AYES: Councilmembers Chung, Leithead-.
Todd, Reynolds, Santangelo, Smith,"Tyler,
Yagong and Chairman Arakaki-8.NOES:
None.ABSENT& EXCUSED:Councilmember
Ray-1.
Copies of these Ordinances are available In
the Office of the County Clerk for use and
examination by the public.
Donald Ikeda
COUNTY CLARK
( =) Nowau
•
•
. .s.•-
AFFIDAVIT OF PUBLICATION
State of Hawaii )
) SS:
County of Hawaii )
Lorelei Logan , being first
duly sworn, deposes and says:
1. That she is the Advertising Administrative
Assistant of WEST HAWAII TODAY
a newspaper published in the City of KAILUA-KONA , State of Hawaii.
2. That the " Ordinances 98-93 through 98-96 I hereby
certify that the following Ordinances passed second and
final reading ", of which a clipping from the newspaper as published is
attached hereto, was published in said newspaper on the following date(s)
Sept. 25 , 19 98 (etc.)
LJ
Subscribed and sworn to before me
this 28th day of Sept. , 19 98,
r.
Notary Public, Third Circuit,
State of Hawaii
Lana L. Taira
My Commission expires Aug. 4, 2001
C/J
Ordinances 9843 through 9846
I hereby arty that the foliating Ordinances passed second and final read-
ing at the meeting of the County Council on September 2,1998,by vote as list-
ed below:
ORDINANCE 98-93(Bill 271):An Ordinance amending Section 25-8-9(Hawi-
Kapaau Zone Map)Article 8,Chapter 25(Zoning Code)of the Hawaii County
Code, by changing the district classification from Single Family Residential
(RS-15)to Village Commercial(CV-10)at Puepuehu,North Kohala,Hawaii,
covered by TMK:5-4-7:Portion of 2.AYES:Councilmembers Chung,Leithead-
Todd,Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-8.
NOES:None.ABSENT & EXCUSED:Councilmember Ray-1.
ORDINANCE 98-94(Bill 273):An Ordinance to amend Ordinance No.98-49,
as amended,the Operating Budget for the County of Hawaii for the Fiscal Year
ending June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd,
i Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-8.NOES:
None.ABSENT & EXCUSED:Councilmember Ray-1.
ORDINANCE 98-95(Bill 274,Draft 2):An Ordinance amending Ordinance No.
98-50,relating to Public Improvements and Financing Thereof for the Fiscal
year June 1, 1998, to June 30, 1999. AYES: Councilmembers Chung,
Leithead-Todd, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman
Arakaki-8.NOES:None.ABSENT & EXCUSED:Councilmember Ray-1.
ORDINANCE 98-96(Bill 275):An Ordinance to amend Ordinance No.98-49,
as amended,the Operating Budget for the County of Hawaii for the Fiscal Year
ending June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd,
Reynolds,Santangelo,Smith,Tyler,Yagong and Chairman Arakaki-7.NOES:
Councilmember Tyler-1.ABSENT & EXCUSED:Councilmember Ray-1.
Copies of these Ordinances are available in the Office of the County Clerk
for use and examination by the public.
Donald Ikeda
- COUNTY CLERK
(No.9368-West Hawaii Today:September 25,1998)
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